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Publishing defamatory article

Aroon Purie Vs. State of NCT of Delhi & Ors (31/10/2022)

advtanmoy 03/11/2022 4

DEFAMATION-There is no statutory immunity for the Managing Editor, Resident Editor or Chief Editor against any prosecution for the alleged publication of any matter in the newspaper over which these persons exercise control. In all these cases, the complainants have specifically alleged that these appellants had knowledge of the publication of the alleged defamatory matter and they were responsible for such publication; and the Magistrates who had taken cognizance of the offence held that there was prima facie case against these appellants. It was under such circumstances that the summonses were issued against these appellants.

Publishing scurrilous and defamatory articles in newspaper is not the job of a journalist [BHC]

advtanmoy 30/04/2019

SHRI DNYANDEVRAO TATYRAV WAGHMODE Vs. ALLABAKSHA GULAB NADAF AND OTHERS – The role of the journalist is far more noble. The media is called the fourth estate. But this type of misuse of the fourth estate is really deplorable. Once upon a time, journalists like Lokmanya Bal Gangadhar Tilak used this media for awakening the conscience of the people during the British Raj and for social, political and other worthy causes. Right to information is a fundamental right of the people, but this type of yellow journalism has to be condemned and those who resort to this type of cheap publicity and those who use their newspaper for blowing their own trumpet or for condemning and defaming others should be condemned themselves by the people. Using temperate, restrained and sophisticated language, which is at the same time effective and reaches and touches the soul of those who read it, is the key of success in the field of journalism. There are very few, who are endowed with these qualities. Newspapers like ‘Janhit’ and ‘Agman’ may be small newspapers. They are being circulated in a small town. They should aim at providing necessary and correct information and news-items to the people, to make them literate and more informative, so that they become aware as to what is going on around them.

  • A judge is the pillar of entire justice system and public has a right to demand virtually irreproachable conduct from a judge (SC-10/12/2019) - A person discharging judicial duties acts on behalf of the State in discharge of its sovereign functions. Dispensation of justice is not only an onerous duty but has been considered as akin to discharge of a pious duty, and therefore, is a very serious matter. The standards of probity, conduct, integrity that may be relevant for discharge of duties by a careerist in another job cannot be the same for a judicial officer. A judge holds the office of a public trust. Impeccable integrity, unimpeachable independence with moral values embodied to the core are absolute imperatives which brooks no compromise. A judge is the pillar of the entire justice system and the public has a right to demand virtually irreproachable conduct from anyone performing a judicial function. Judges must strive for the highest standards of integrity in both their professional and personal lives.
  • A daughter has no right u/s 14 of Hindu Succession Act of her father’s property if it is occupied by her brother through adverse possession (SC-28/08/2023) - A Hindu daughter has no right u/s 14 of Hindu Succession Act on the property of her father if it is occupied by her brother through adverse possession (SC-28/08/2023)- [See Pritam Singh v. State, AIR (1950) SC 169: (1950) SCR 453, Hem Raj v. State of Ajmer AIR (1954) SC 462: (1954) SCR 1133, Bengal Chemical & Pharmaceutical Works Ltd. v. Employees, AIR (1959) SC 633: 1959 Supp (2) SCR 136: (1959) 1 LLJ 413, Municipal Board, Pratabgarh and Anr. v. Mahendra Singh Chawla and Ors. (1982) 3 SCC 331: (1983) SCC (L&S) 19, Taherakhatoon (dead) by LRs v. Salambin Mohammad (1999) 2 SCC 635]

Jurisprudence

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